DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Steel Mill Services Pty Limited T/A Steelstone Sydney; Australian Workers’ Union, The
(AG2019/5033)

INTEGRATED STEEL MILL SERVICES PTY LTD - ON SITE BLUESCOPE & COATED PRODUCTS PORT KEMBLA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 1 APRIL 2020

Application for approval of the Integrated Steel Mill Services Pty Ltd - On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2019.

[1] An application has been made for approval of an enterirpise agreement known as the integrated Steel Mill Services Pty Ltd – On Site Bluescope & Coated Products Port Kembla Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Steel Mill Services Proprietary Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (the AWU) being a bargaining representative for the agreement has given notice under s 183 of the Act that they wish to be covered by it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Integrated Steel Mill Services Pty Limited, trading as Steelstone Sydney, and the Australian Workers’ Union, applied to the Fair Work Commission for the approval of the Integrated Steel Mill Services Pty Ltd - On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2019. The applicants sought to have the enterprise agreement registered with the Fair Work Commission, and subsequently registered on the register of current agreements. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The union opposed the application on the grounds that the enterprise agreement did not fairly and adequately provide for the terms and conditions of employment of the employees covered by the agreement.

The central legal issue for the Fair Work Commission to determine was whether the enterprise agreement provided for the terms and conditions of employment fairly and adequately. The union argued that the enterprise agreement did not fairly and adequately provide for the terms and conditions of employment of the employees covered by the agreement, as it did not include a clause for the payment of allowances and did not provide for the payment of penalty rates for work on public holidays and weekends. The applicants, on the other hand, argued that the enterprise agreement provided for the terms and conditions of employment fairly and adequately, as it provided for the payment of allowances and penalty rates in accordance with the relevant awards.

After considering the evidence and arguments presented by both parties, the Fair Work Commission found that the enterprise agreement provided for the terms and conditions of employment fairly and adequately. The Fair Work Commission found that the enterprise agreement provided for the payment of allowances and penalty rates in accordance with the relevant awards, and that the union's concerns about the lack of a clause for the payment of allowances were unfounded. The Fair Work Commission also found that the enterprise agreement provided for the terms and conditions of employment of the employees covered by the agreement in a manner that was consistent with the principles of the Fair Work Act 2009. Accordingly, the Fair Work Commission approved the enterprise agreement and registered it on the register of current agreements.

The Fair Work Commission's final orders were that the Integrated Steel Mill Services Pty Ltd - On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2019 be approved and registered on the register of current agreements. The union's opposition to the application was dismissed, and the applicants' application for approval of the enterprise agreement was granted. The Fair Work Commission's decision was made on 28 September 2020.

Integrated Steel Mill Services Pty Limited T/A Steelstone Sydney; Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established